Foundation of Legislative Science With Frequent Misjudged Cases

DOI

10.2991/aebmr.k.201111.008How to use a DOI?

Keywords

misjudged criminal cases, system, idea

Abstract

“Ensuring that every guilty person is subject to criminal punishment and protecting innocent people from criminal prosecution” is the ultimate goal of formal justice. In recent years, cases of unjust, false and wrong have occurred frequently in China, exposing various problems in Chinese judicial system. From the external factors, this paper analyzes the judicial environment, the level of judicial expertise, the quality of the people handling the case and so on are all the influencing factors of misjudged cases; it also holds that different concepts of handling cases will also lead to different results. Based on the perspective of the Huge Injustice Case and the Zhao Zuohai Case, this article presents its own opinions on the causes and solutions of unjust, false and wrong cases based on the actual judicial system, mainly including whether to adopt the new legislation of post-conviction DNA testing and regulate the procedure of crime scene investigation, etc., and it also offers the author’s own views on whether China should learn from America’s innocents project to improve its practice.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Luning Pang
PY  - 2020
DA  - 2020/11/13
TI  - Foundation of Legislative Science With Frequent Misjudged Cases
BT  - Proceedings of the 2020 International Conference on Management, Economy and Law (ICMEL 2020)
PB  - Atlantis Press
SP  - 43
EP  - 46
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.201111.008
DO  - 10.2991/aebmr.k.201111.008
ID  - Pang2020
ER  -